Are drivers 'at-fault' obligated to provide their dash cam?
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If a murderer doesn't hand over the gun, the police can seize it. I would have thought the same applies here, except that the amount of resource the police are willing to expend on a traffic offence will be different.
OK - but a gun is an illegal item, so presumably there are specific laws in place to allow the police to seize it, just like drugs. But can they seize something which is not illegal to own, especially if they can't prove that you even own it ? So they come up to your car, "Excuse me Sir, do you have a dash-cam ?" . "No, officer". "Prove to me that you don't". "You prove to me that I do". "May I search your car ?". "No, not without good reason".
Dunno, I'm no expert - but it's certainly an interesting talking point
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Without getting into a lengthy explanation of Police powers there is a power to seize evidence relating to a suspected offence. If the officer didn't see a dashcam but a witness told them that one was removed and hidden there would also be a power to search the vehicle.
In most cases where there was no serious injuries or any other offences it's unlikely Police would be interested however the powers are there.
IIRC some bikers ended up being prosecuted after one of the group did something daft and his dashcam footage was reviewed.0 -
Without getting into a lengthy explanation of Police powers there is a power to seize evidence relating to a suspected offence. If the officer didn't see a dashcam but a witness told them that one was removed and hidden there would also be a power to search the vehicle.
In most cases where there was no serious injuries or any other offences it's unlikely Police would be interested however the powers are there.
IIRC some bikers ended up being prosecuted after one of the group did something daft and his dashcam footage was reviewed.
Go on then under what act?
The dash cam is neither stolen or prohibited and isn't suspected to be used for the commission of other offences. So how do they search the vehicle?
S19 PACE gives the power to seize if lawfully on premises.
S18 and S32 refer to premises searching relating to an arrest.0 -
Without getting into a lengthy explanation of Police powers there is a power to seize evidence relating to a suspected offence.
I was just about to edit my previous post to add something similar. If an offence has been committed then yes, the Police do have powers to seize any relevant evidence. But in an everyday "accident", they're usually not interested. Yes, they'll breathalyse all parties, yes, they'll make sure everyone is licensed, insured, MOT'd, etc. They'll satisfy themselves that no-one was speeding, driving recklessly, whatever. But if no "offence" has been committed ( which, let's face it, is the normal outcome in the majority of collisions ), then it's for the insurance companies to argue it out as to who was blame. An accident is just that - and that's what insurance is for. The Police won't ( and shouldn't ) be interested, other than getting the road cleared to keep the traffic flowing.0 -
Ebe_Scrooge wrote: »OK - but a gun is an illegal item, so presumably there are specific laws in place to allow the police to seize it, just like drugs. But can they seize something which is not illegal to own, especially if they can't prove that you even own it ? So they come up to your car, "Excuse me Sir, do you have a dash-cam ?" . "No, officer". "Prove to me that you don't". "You prove to me that I do". "May I search your car ?". "No, not without good reason".
Dunno, I'm no expert - but it's certainly an interesting talking point
He's !!!!ed if they seize the vehicle and the dash cam is in there though.0 -
If Police suspect there’s been a crime they have the power to seize anything they may suspect is evidence. If it’s just an ‘accident’ they have no power to seize as there is no offence.0
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Warwick_Hunt wrote: »Go on then under what act?
The dash cam is neither stolen or prohibited and isn't suspected to be used for the commission of other offences. So how do they search the vehicle?
S19 PACE gives the power to seize if lawfully on premises.
S18 and S32 refer to premises searching relating to an arrest.
You've said it yourself, S19 (a vehicle is classed as premises for this act). S23 also applies to what can be seized and includes items that may be evidence of a crime.
That then leaves the officer the need to be lawfully in the vehicle. This could be with the owners consent or if a suitable offence is suspected by arresting them and using S18 for the vehicle.0 -
Sorry officer, there was no SD card in the dash cam. I had taken it out to look at scenery from my previous drive and forgot to put it back in.0
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You've said it yourself, S19 (a vehicle is classed as premises for this act). S23 also applies to what can be seized and includes items that may be evidence of a crime.
That then leaves the officer the need to be lawfully in the vehicle. This could be with the owners consent or if a suitable offence is suspected by arresting them and using S18 for the vehicle.
And what indictable offence would you suspect?0
This discussion has been closed.
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